Tucker v. State

Citations

• 35 Tex. 113

Syllabus

<p>1. Indictment charged that the defendant, “having a living, lawful wife, from whom he had never been divorced, did cohabit and live in adultery with one Lucy S.” Held, that the indictment is wanting in one of the essential averments of an indictment for adultery, in that it does not aver that Lucy S. was not the wife of the defendant.</p> <p>2. A leading feature of our criminal law is, that no man shall be convicted of an offense until he shall have been plainly and intelligibly charged with it, in all its extent.</p> <p>3. To support a conviction for adultery, it must be'charged and proved that one of the parties is married to some other person than thepartieeps 07'imitiis.</p>